Revised January 1, 2023
756494-A
SEBB Long Term
Disability Plan
756494-A
SI 22515 (8/22)
PROTECTION FOR YOU AND YOUR INSURANCE POLICY
THE WASHINGTON LIFE AND DISABILITY INSURANCE GUARANTY ASSOCIATION
PREFACE
This brochure briefly describes the coverage provided through the Washington Life & Disability
Insurance Guaranty Association (“Association”).
The Association is a nonprofit unincorporated legal entity created by the Washington Life and
Disability Insurance Guaranty Association Act, Chapter 48.32A RCW (“Act”). Every life and disability
insurance company authorized to do business in Washington is a member of the Association. A Board
of Directors (“Board”), composed of representatives from member insurers, and the Insurance
Commissioner, ex officio, oversee the operation of the Association.
The expenses of the Association are paid by assessments made against each member insurer. Persons
covered by the Act are not charged for the expenses of the Association or the protection provided under
the Act.
Coverage is provided for certain life and disability insurance. However, the Association does not cover
all such insurance. Coverage that is provided is subject to the limitations and exclusions provided by
the Act.
The purpose of this brochure is to help you understand the general nature and the conditions of the
protection provided under the Act. It is only a summary, however, and if you have specific questions
that are not discussed here you may contact either the Association or the Office of the Insurance
Commissioner.
Washington Life and Disability Insurance
Guaranty Association
P.O. Box 2292
Shelton, WA
98584
360-426-6744
Company Supervision Division
Office of the Insurance Commissioner
P.O. Box 40259
Olympia, WA
98504-0259
360-725-7214
QUESTIONS AND ANSWERS
1. WHAT INSURANCE POLICIES ARE COVERED UNDER THE ACT?
The Act applies to life insurance policies, disability insurance policies, and annuity contracts
issued by an insurance company authorized to do business in Washington. The term “disability
insurance,” as used in the Act, includes not only disability income insurance, but also policies
commonly referred to as “health insurance (which includes long term care policies). Together, all of
these policies and contracts are sometimes referred to as “covered policies,” a term used in this
brochure.
2. ARE THERE POLICIES OR INSURERS NOT COVERED BY THE ACT?
The Act specifically excludes certain types of policies or portions of policies, including, but not
limited to: The portion of a policy not guaranteed by the insurer; the portion of a policy to the extent
the interest rate or crediting rate exceeds the limits in the Act; policies of reinsurance, unless
assumption certificates have been issued; policies issued in Washington by an insurer at a time
when the insurer was not licensed or did not have a certificate of authority; policies issued to a self-
insured plan or program; certain unallocated employee benefit plan annuities protected by federal
law; and unallocated annuity contracts not issued to or in connection with a benefit plan or a
government lottery.
The Act also does not apply to policies or contracts issued by health care service contractors, health
maintenance organizations, fraternal benefit societies, self funded multiple employer welfare
arrangements, mandatory state pooling plans, mutual assessment companies, insurance
exchanges, or an organization that has a certificate or license limited to issuance of certain charitable
gift annuities.
3. WHO IS PROTECTED UNDER THE ACT?
You are covered by the Act if you are an owner of or certificate holder under a policy or contract
(other than an unallocated annuity contract or structured settlement annuity), and:
You are a Washington resident; or
You are not a Washington resident, but only if: the insurer is domiciled in Washington; there
is an association similar to the Washington Association in your state of residency; and you are
not covered in your state of residency, because the insurer was not licensed in that state; or
You are a beneficiary, assignee, or payee of one of the above, regardless of where you reside
(except for nonresident certificate holders under group policies).
Owners of unallocated annuity contracts are covered if the contract was issued to or in connection
with a specific benefit plan whose plan sponsor has its principal place of business in Washington,
or the contract was issued to or in connection with a government lottery and the owner is a
Washington resident.
4. HOW DOES THE ASSOCIATION PROTECT COVERED PERSONS AGAINST LOSS?
After an order of liquidation is entered against a company, the Association begins its work of carrying
out the purpose of the Act, which is to assure the performance of insurance obligations of that
company. The Association is authorized to carry out its duties by working with insurance companies
in good standing to assume or take over the covered policies. The association may also directly
provide benefits and coverage as authorized by the Act. The Association has the authority to collect
the funds necessary to provide protection to covered persons against losses on their covered policies.
5. WHERE DOES THE ASSOCIATION GET THE MONEY TO PROVIDE THIS PROTECTION?
The Association is authorized to collect money from all life and disability insurance companies doing
business in Washington. The funds collected from an assessment are used to pay claims to covered
persons and/or to fund the assumption of covered policies by another insurer.
6. DOES THE ASSOCIATION PAY OUT THE MONEY IT COLLECTS RIGHT AWAY OR DO COVERED
PERSONS HAVE TO WAIT?
The Association generally cannot make an assessment for covered policies issued by a company
until after an order of liquidation has been entered against the company, and a reasonable
estimate can be made of the amount of money needed. Insurance companies receiving an
assessment notice must make their payments within thirty days.
Because it takes time for an action to be commenced against a financially impaired insurer, for a
Court to issue an order, and for funds to be collected to satisfy the obligations of that insurer,
some delay, hopefully short, is unavoidable before payments can be made. Although it is
impossible to predict how long this process will take in any given case, an average time period of
twelve to eighteen months is not unusual.
When necessary, the Association may borrow money to make payments more promptly, particularly
in cases that will take an unusual amount of time to be resolved.
7. WHAT IS THE AMOUNT OF PROTECTION PROVIDED BY THE ACT?
The Act provides the following maximum amounts of protection:
Life Insurance Death Benefits ............................................................................. $500,000
Disability Benefits and Health Benefits
(including Long Term Care Benefits) .............................................................. $500,000
Present Value of Individual Annuities .................................................................. $500,000
Unallocated Annuity Contracts,
other than certain government retirement plans
(limit is per contract owner or plansponsor) ................................................... $5,000,000
Government Retirement Plans in
Unallocated Annuities established
under Internal Revenue Code § § 401, 403(b), or 457
(limit is per participant) ................................................................................. $100,000
This protection becomes effective at the time of entry of a Court order of liquidation against the
insurer. Of course, if the amount owed under the contract or policy is less than the maximum
benefit under the Act, the covered person will be entitled to protection only up to the actual amount
owed.
Furthermore, the maximum protection available to each covered person remains the same,
regardless of the number of contracts through which he or she has a claim.
8. IF A HUSBAND AND WIFE EACH INDIVIDUALLY OWN A COVERED POLICY, IS THE PROTECTION
UNDER THE ACT PROVIDED TO EACH OF THEM?
Yes. As long as the residency requirements are met, both would be entitled to the protection provided
by the Act, up to the maximum amount.
9. WHY DOESN’T MY INSURANCE COMPANY ADVERTISE THE FACT THAT ITS POLICIES AND
CONTRACTS ARE PROTECTED UNDER THE ACT?
Under Washington law, insurance companies are prohibited from advertising that their policies or
contracts may be covered under the Act.
10. WHY HASN’T MY AGENT TOLD ME ABOUT THE GUARANTY ACT?
Your insurance agent is subject to the same prohibitions as your insurance company. As a
representative of the company, an agent must exercise great care when soliciting business and
consequently, will generally not discuss the subject of a guaranty act with clients.
11. WHO SHOULD I CONTACT IF I BELIEVE THERE HAS BEEN A VIOLATION OF THE ACT?
You should contact the Association if you believe your rights have been violated under the Act. If
you are dissatisfied with the actions of the Association, you may also contact the Office of the
Insurance Commissioner.
CONCLUSION
This brochure has been prepared by the Washington Life and Disability Insurance Guaranty Association.
Its purpose is to inform the public in a general way of the protections that are available in this state on
insurance policies and annuity contracts issued by companies authorized to do business in
Washington. The Association does not, by this brochure, endorse any company or its products, but
rather seeks to address some of the concerns that you may have regarding the security of insurance
policies and annuity contracts.
For more information or answers to specific questions you may contact the Washington Life and
Disability Insurance Guaranty Association or the Office of the Insurance Commissioner, whose
addresses and telephone numbers are shown in the Preface.
STANDARD INSURANCE COMPANY
A Stock Life Insurance Company
900 SW Fifth Avenue
Portland, Oregon 97204-1282
(503) 321-7000
CERTIFICATE
GROUP LONG TERM DISABILITY INSURANCE
Policyholder:
Policy Number:
756494-
A
Effective Date:
The Group Policy has been issued to the Policyholder. We certify that you will be insured as provided
by the terms of your Employer's coverage under the Group Policy. If the terms of this Certificate differ
from the terms of your Employer's coverage under the Group Policy, the latter will govern. If your
coverage is changed by an amendment to the Group Policy, we will provide the Employer with a revised
Certificate or other notice to be given to you.
Possession of this Certificate does not necessarily mean you are insured. You are insured only if you
meet the requirements set out in this Certificate.
"You" and "your" mean the Member. "We", "us" and "our" mean Standard Insurance Company. Other
defined terms appear with the initial letters capitalized. Section headings, and references to them,
appear in boldface type.
GC190-LTD/S399
756494-A
SI 22515 (8/22)
Table of Contents
COVERAGE FEATURES ....................................................................................................................... 1
GENERAL POLICY
INFORMATION
................................................................................................. 1
SCHEDULE OF INSURANCE .......................................................................................................... 2
PREMIUM CONTRIBUTIONS ........................................................................................................ 3
INSURING CLAUSE ............................................................................................................................. 4
BECOMING INSURED ......................................................................................................................... 4
WHEN YOUR INSURANCE BECOMES EFFECTIVE ................................................................................ 4
ACTIVE WORK PROVISIONS ............................................................................................................... 6
CONTINUITY OF COVERAGE .............................................................................................................. 7
WHEN YOUR INSURANCE ENDS ........................................................................................................ 7
CONTINUED INSURANCE DURING SCHOOL BREAKS ......................................................................... 8
WAIVER OF PREMIUM ...................................................................................................................... 8
REINSTATEMENT OF INSURANCE ...................................................................................................... 8
DEFINITION OF DISABILITY ................................................................................................................ 9
RETURN TO WORK PROVISIONS ...................................................................................................... 10
REASONABLE
ACCOMMODATION
EXPENSE
BENEFIT
...................................................................... 11
REHABILITATION PLAN
PROVISION
.................................................................................................. 11
TEMPORARY
RECOVERY
................................................................................................................... 12
WHEN LTD BENEFITS END ...............................................................................................................
12
PREDISABILITY
EARNINGS ............................................................................................................... 12
DEDUCTIBLE INCOME ...................................................................................................................... 14
EXCEPTIONS TO DEDUCTIBLE INCOME ........................................................................................... 15
RULES FOR DEDUCTIBLE
INCOME
.................................................................................................... 16
SUBROGATION ................................................................................................................................ 17
SURVIVORS BENEFIT ....................................................................................................................... 17
BENEFITS AFTER INSURANCE ENDS OR IS CHANGED ...................................................................... 18
EFFECT OF NEW DISABILITY ............................................................................................................ 18
DISABILITIES EXCLUDED FROM COVERAGE ..................................................................................... 18
DISABILITIES SUBJECT TO LIMITED PAY PERIODS ............................................................................ 20
LIMITATIONS ................................................................................................................................... 20
CLAIMS ............................................................................................................................................ 21
TIME LIMITS ON LEGAL
ACTIONS
..................................................................................................... 23
INCONTESTABILITY
PROVISIONS ..................................................................................................... 23
CLERICAL ERROR, AGENCY, AND MISSTATEMENT ........................................................................... 23
TERMINATION OR AMENDMENT OF THE GROUP POLICY ............................................................... 24
DEFINITIONS .................................................................................................................................... 25
Index of Defined Terms
Active Work, Actively At Work, 6
Allowable Periods, 12
Any Occupation Definition of Disability,
9
Any Occupation Period, 2
Benefit Waiting Period, 2, 25
Class Definition, 1
Contributory, 25
CPI-W, 25
Deductible Income, 14
Disability, 9
Disabled, 9, 17
Domestic Partner, 26
Eligibility Waiting Period, 2, 25
Employee-Paid Insurance, 25
Employer, 25
Employer(s), 1
Employer-Paid Insurance, 25
Evidence Of Insurability, 6, 25
Fractionated Period of Paid Time Off, 3
Group Policy, 25
Group Policy Effective Date, 1
Group Policy Number, 1
Hospital, 20
Indexed Predisability Earnings, 25
Injury, 25
LTD Benefit, 25
Material Duties, 10
Maximum Benefit Period, 3, 25
Maximum LTD Benefit, 2
Member, 1, 4
Mental Disorder, 20
Minimum LTD Benefit, 2
Noncontributory, 25
Own Occupation, 10
Own Occupation Definition Of
Disability, 9
Own Occupation Period, 2
Partial Disability, 9
PEBB Policy, 25
Physical Disease, 25
Physician, 26
Policyholder, 1
Predisability Earnings, 13
Preexisting Condition, 18, 19
Pregnancy, 26
Prior Plan, 26
PTO Plan, 3
Reasonable Accommodation Expense
Benefit, 11
Rehabilitation Plan, 11
Social Security Normal Retirement Age
(SSNRA), 3
Spouse, 26
Survivors Benefit, 17
Temporary Recovery, 12
War, 18
Work Earnings, 10
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COVERAGE FEATURES
This section contains many of the features of your long term disability (LTD) insurance. Other provisions, including
exclusions, limitations, and Deductible Income, appear in other sections. Please refer to the text of each section
for full details. The Table of Contents and the Index of Defined Terms help locate sections and definitions.
GENERAL POLICY INFORMATION
Group Policy Number: 756494-A
Policyholder: Washington State Health Care Authority
Employer(s): See Definitions.
Group Policy Effective Date: January 1, 2020
Policy Issued in: Washington
Member means:
1. An employee of the Employer who is eligible for the employer contribution toward SEBB benefits;
2. Actively At Work. (for purposes of the Member definition, Actively At Work will include regularly
scheduled days off, holidays, or vacation days, so long as the person is capable of Active Work
on those days); and
3. A citizen or resident of the United States or Canada.
A school employee is eligible if:
1. The Employer anticipates the employee will work 630 hours in the current School Year;
2. The employee actually works 630 hours in the current School Year;
3. The employee is not anticipated to work 630 hours in the current School Year because of when
the employee was hired, but is anticipated to work at least 630 hours in the next School Year,
and established eligibility for the employer contribution toward SEBB benefits as follows:
a. A 9- to 10-month employee anticipated to be compensated for at least 17.5 hours a week
in six of the last eight weeks counting backwards from the week that contains the last
day of School Year; or
b. A 12-month employee anticipated to be compensated for at least 17.5 hours a week in
six of the last eight weeks counting backwards from the week that contains August 31.
4. The employee is anticipated to work 630 hours in the current School Year based on stacking of
hours within one Employer; or
5. The employee actually works work 630 hours in the current School Year based on stacking of
hours within one Employer.
Member does not include a full-time member of the armed forces of any country, a leased employee, or
an independent contractor.
An employee will not cease to be a Member solely due to a reduction in work hours due to a furlough or
temporary layoff. This applies to employees who have effective dates of furlough or temporary layoff
between September 1, 2020 and December 31, 2020.
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Class Definition: None
SCHEDULE OF INSURANCE
Eligibility Waiting Period: You are eligible on the date you become a Member which is
the date you are eligible for the Employer contribution, but
not before the Group Policy Effective Date.
If you were insured under the Prior Plan on the day before you become a Member, your Eligibility
Waiting Period is waived on the date you become a Member.
Eligibility Waiting Period means the period you must be a Member before you become eligible for
insurance.
Own Occupation Period: The first 24 months for which LTD Benefits are paid.
Any Occupation Period: From the end of the Own Occupation Period to the end of
the Maximum Benefit Period.
Your Employer will automatically enroll you for the Default Plan. Premiums will be deducted
from your earnings and remitted to us. At any time you may elect to not participate by Declining
Insurance under the Default Plan.
If you Decline Insurance under the Default Plan, you may instead be insured under the Buy Down
Plan. The Buy Down Plan requires premium contributions from you.
If you also Decline Insurance under the Buy Down Plan, you will automatically be insured for
Employer-Paid Insurance. Your Employer will pay premium for Employer-Paid Insurance.
You will automatically be insured under Employer-Paid Insurance if you Decline Insurance under
the Default Plan and Buy Down Plan.
Your Employer will pay premium for the first $667 of Predisability Earnings while you are insured
under the Default Plan or Buy Down Plan.
LTD Benefit:
Employee-Paid Insurance:
- Default Plan: 60% of the first $16,667 of your Predisability Earnings,
reduced by Deductible Income.
- Buy Down Plan: 50% of the first $16,667 of your Predisability Earnings,
reduced by Deductible Income.
Employer-Paid Insurance: 60% of
the first
$667
of your
Predisability Earnings,
reduced by Deductible Income.
Maximum:
Employee-Paid Insurance:
- Default Plan: $10,000 before reduction by Deductible Income.
- Buy Down Plan: $8,333 before reduction by Deductible Income.
Employer-Paid Insurance: $400 before reduction by Deductible Income.
Minimum: $100 or 10% of your LTD Benefit before reduction by
Deductible Income, whichever is greater.
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Benefit Waiting Period: The longest of the following:
a) 90 days;
b) The entire period of sick leave (excluding shared leave)
for which the employee is eligible;
c) The Fractionated Period of Paid Time Off (PTO) for
which the employee is eligible, if your Employer has a
PTO Plan, as those terms are defined in the policy;
d) The entire period of other non-vacation salaried
continuation leave for which the employee is eligible; or
e) The end of Washington Paid Family and Medical Leave
Law for which the employee is receiving benefits.
PTO Plan means an arrangement that provides paid time off benefits under a single type of leave
for all purposes.
Fractionated Period of Paid Time Off means 50% paid time off available to you under a PTO Plan.
Maximum Benefit Period: Determined by your age when Disability begins, as follows:
Age Maximum Benefit Period
61 or younger ....................................... To age 65, or to SSNRA, or 3 years 6 months, whichever is
longest.
62 ........................................................ To SSNRA, or 3 years 6 months, whichever is longer.
63 ........................................................ To SSNRA, or 3 years, whichever is longer.
64 ........................................................ To SSNRA, or 2 years 6 months, whichever is longer.
65 ........................................................ 2 years
66 ........................................................ 1 year 9 months
67 ........................................................ 1 year 6 months
68 ........................................................ 1 year 3 months
69 or older ............................................ 1 year
Social Security Normal Retirement Age (SSNRA) means your normal retirement age under the Federal
Social Security Act, as amended.
PREMIUM CONTRIBUTIONS
Employer-Paid Insurance is: Noncontributory
Employee-Paid Insurance is: Contributory. You and your Employer share the cost of
coverage. Employer contribution level determines the
taxability of the benefit amount.
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INSURING CLAUSE
If you become Disabled while insured under the Group Policy, we will pay LTD Benefits according to the
terms of the Group Policy after we receive Proof Of Loss satisfactory to us.
BECOMING INSURED
LT.IC.OT.1
To become insured you must be a Member, complete your Eligibility Waiting Period, and meet the
requirements in Active Work Provisions and When Your Insurance Becomes Effective.
You are a Member if you are:
1. An employee of the Employer who is eligible for the employer contribution toward SEBB benefits;
2. Actively At Work. (for purposes of the Member definition, Actively At Work will include regularly
scheduled days off, holidays, or vacation days, so long as the person is capable of Active Work
on those days); and
3. A citizen or resident of the United States or Canada.
A school employee is eligible if:
1. The Employer anticipates the employee will work 630 hours in the current School Year;
2. The employee actually works 630 hours in the current School Year;
3. The employee is not anticipated to work 630 hours in the current School Year because of when
the employee was hired, but is anticipated to work at least 630 hours in the next School Year,
and established eligibility for the employer contribution toward SEBB benefits as follows:
a. A 9- to 10-month employee anticipated to be compensated for at least 17.5 hours a week
in six of the last eight weeks counting backwards from the week that contains the last
day of School Year; or
b. A 12-month employee anticipated to be compensated for at least 17.5 hours a week in
six of the last eight weeks counting backwards from the week that contains August 31.
4. The employee is anticipated to work 630 hours in the current School Year based on stacking of
hours within one Employer; or
5. The employee actually works work 630 hours in the current School Year based on stacking of
hours within one Employer.
You are not a Member if you are a full-time member of the armed forces of any country, a leased
employee, or an independent contractor.
An employee will not cease to be a Member solely due to a reduction in work hours due to a furlough or
temporary layoff. This applies to employees who have effective dates of furlough or temporary layoff
between September 1, 2020 and December 31, 2020.
Eligibility Waiting Period means the period you must be a Member before you become eligible for
insurance. Your Eligibility Waiting Period is shown in the Coverage Features.
(VAR MBR DEF) LT.BI.OT.1
WHEN YOUR INSURANCE BECOMES EFFECTIVE
A.
When Insurance Becomes Effective
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Subject to the Active Work Provisions, your insurance becomes effective as follows:
1. Insurance Not Subject To Evidence of Insurability
The Coverage Features states whether insurance is Contributory or Noncontributory.
a. Employee-Paid InsuranceDefault Plan
Your Employer will automatically enroll you for the Default Plan. Premiums will be deducted
from your earnings and remitted to us.
At any time you may elect to not participate in coverage by Declining Insurance.
Insurance under the Default Plan becomes effective as follows, unless you Decline Insurance
within 31 days after the date you are eligible:
i. The First Working Day of the School Year if you become eligible on or before the First Day
of School; or
ii. The first day of the calendar month following the date you become eligible if you become
eligible after the First Day of School.
b. Employee-Paid InsuranceBuy Down Plan
If you Decline Insurance under the Default Plan, you may instead apply for insurance under
the Buy Down Plan.
You must apply in writing for the Buy Down Plan and agree to pay premiums.
If you Decline Insurance under the Default Plan and elect the Buy Down Plan within 31 days
after the date you are eligible, insurance under the Buy Down Plan becomes effective on:
i. The First Working Day of the School Year if you become eligible on or before the First Day
of School; or
ii. The first day of the calendar month following the date you become eligible if you become
eligible after the First Day of School.
c. Employer-Paid Insurance
If you Decline Insurance under the Default Plan and Buy Down Plan, your Employer-Paid
Insurance becomes effective on:
i. The First Working Day of the School Year if you become eligible on or before the First Day
of School; or
ii. The first day of the calendar month following the date you become eligible if you become
eligible after the First Day of School.
After your Employee-Paid Insurance becomes effective, at any time you may:
a) Decline Insurance under the Default Plan and elect the Buy Down Plan, or
b) Elect to reduce benefits to the Employer-Paid, by Declining Insurance under both the
Default Plan and Buy Down Plan.
The change in your insurance will take effect on the first day of the calendar month
following the date the required election is received by your Employer.
Evidence Of Insurability is required if you Decline Insurance and decide later you want to become
insured.
Decline(ing) Insurance means you provide the required form declining coverage to the Employer.
"Form" or "form" means both paper forms and forms completed electronically as described in
SEBB Program WAC 182-30-020.
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2. Insurance Subject To Evidence Of Insurability
Insurance subject to Evidence Of Insurability becomes effective on the date we approve Evidence
of Insurability.
B.
Evidence Of Insurability Requirement
Evidence Of Insurability satisfactory to us is required for:
1. Insurance under the Default Plan, if you Declined Insurance under the Default Plan and decide
later you want to become insured under the Default Plan.
2. Insurance under the Buy Down Plan, if you Declined Insurance under the Default Plan and Buy
Down Plan and decide later you want to become insured under the Buy Down Plan.
3. Reinstatements when applicable for Employee-Paid Insurance. See the Reinstatement Of
Insurance section for additional information.
Providing Evidence Of Insurability means you must:
1. Complete and sign our medical history statement;
2. Sign our form authorizing us to obtain information about your health;
3. Undergo a physical examination, if required by us, which may include blood testing; and
4. Provide any additional information about your insurability that we may reasonably require.
(VAR EOI) LT.EF.OT.1X
A. Active Work Requirement
ACTIVE WORK PROVISIONS
You must be capable of Active Work on the day before the scheduled effective date of your insurance
or your insurance will not become effective as scheduled. If you are incapable of Active Work because
of Physical Disease, Injury, Pregnancy or Mental Disorder on the day before the scheduled effective
date of your insurance, your insurance will not become effective until the day after you complete one
full day of Active Work as an eligible Member.
Active Work and Actively At Work mean performing with reasonable continuity the Material Duties
of your Own Occupation at your Employer's usual place of business.
B. Changes In Insurance
This Active Work requirement also applies to any increase in your insurance.
C. Exception
The Active Work Requirement will not apply to you if:
1. You were absent from Active Work because of a regularly scheduled day off, holiday, or vacation
day;
2. You were Actively at Work on your last scheduled work day before the date of your absence; and
3. You were capable of Active Work on the day before the scheduled effective date of your insurance.
LT.AW.OT.1X
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CONTINUITY OF COVERAGE
If your Disability is subject to the Preexisting Condition Exclusion, LTD Benefits will be payable if:
1. You were insured under the Prior Plan on the day before the effective date of your Employer's
coverage under the Group Policy;
2. You became insured under the Group Policy when your insurance under the Prior Plan ceased;
3. You were continuously insured under the Group Policy from the effective date of your insurance
under the Group Policy through the date you became Disabled from the Preexisting Condition; and
4. Benefits would have been payable under the terms of the Prior Plan if it had remained in force, taking
into account the preexisting condition exclusion, if any, of the Prior Plan.
For such a Disability, the amount of your LTD Benefit will be the lesser of:
a. The monthly benefit that would have been payable under the terms of the Prior Plan if it had
remained in force; or
b. The LTD Benefit payable under the terms of the Group Policy, but without application of the
Preexisting Condition Exclusion.
Your LTD Benefits for such a Disability will end on the earlier of the following dates:
a. The date benefits would have ended under the terms of the Prior Plan if it had remained in force;
or
b. The date LTD Benefits end under the terms of the Group Policy.
(PX) LT.CC.OT.1
WHEN YOUR INSURANCE ENDS
Your insurance ends automatically on the earliest of:
1. The date the last period ends for which a premium contribution was made for your insurance, subject
to the conditions below.
2. The date the Group Policy terminates.
3. The last day of the calendar month in which your employment terminates with your Employer.
4. The last day of the calendar month in which you cease to be a Member.
Your insurance will be continued during the following periods when you are absent from Active Work
unless it ends under any of the above.
a. For Employer-Paid Insurance: During a Leave Of Absence, your Insurance is continued through
the end of the School Year if you meet the eligibility requirements as shown in the Coverage
Features section. Your Employer contribution toward school employee benefits board (SEBB)
benefits ends the last day of the calendar month in which the School Year ends.
b. For Employee-Paid Insurance: During a Leave Of Absence, providing that you maintain your
eligibility for your Employer-Paid Insurance. However, the following will apply:
i. During the first 90 days your insurance will be continued, and premium payments are
waived for Employee-Paid Insurance. Premiums for your Employer-Paid Insurance will
continue to be remitted on your behalf by your Employer.
ii. Beginning on day 91 and continued through the end of the School Year, your insurance
will continue providing premium payments are remitted by you to your Employer.
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c. If you are a part-time employee or a substitute employee, your Employee-Paid Insurance may be
continued when you cease to be Actively at Work, providing you maintain your eligibility for your
Employer-Paid Insurance. However, the following will apply:
i. During the first 90 days your insurance will be continued, and premium payments are
waived for Employee-Paid Insurance. Premiums for your Employer-Paid Insurance will
continue to be remitted on your behalf by your Employer.
ii. Beginning on day 91 and continued through the end of the School Year, your insurance
will continue providing premium payments are remitted by you to your Employer.
d. During the Benefit Waiting Period.
Leave Of Absence means:
a. A paid or unpaid temporary or indefinite administrative or involuntary leave of absence
or sick leave, including a leave for an activated reservist; or
b. A Leave Of Absence if continuation of your insurance under the Group Policy is required
by a state-mandated family or medical leave act or law
Note: A period of Disability is not a Leave Of Absence. A period when you are absent from Active
Work as part of a severance or other employment termination agreement is not a Leave Of Absence,
even if you are receiving the same Predisability Earnings
CONTINUED INSURANCE DURING SCHOOL BREAKS
Your insurance will be continued during a school break.
WAIVER OF PREMIUM
We will waive payment of premium for your insurance while LTD Benefits are payable.
REINSTATEMENT OF INSURANCE
LT.EN.OT.1
LT.SV.OT.1X
LT.WP.OT.1
If your insurance ends, you may become insured again as a new Member. However, the following will
apply:
1. If you cease to be a Member because of a covered Disability following the Benefit Waiting Period,
your insurance will end; however, if you become a Member again immediately after LTD Benefits
end, the Eligibility Waiting Period will be waived and, with respect to the condition(s) for which LTD
Benefits were payable, the Preexisting Condition Exclusion will be applied as if your insurance had
remained in effect during that period of Disability.
2. If your insurance ends because you cease to be a Member for any reason other than a covered
Disability, and if you become a Member again within 90 days, the Eligibility Waiting Period will be
waived.
3. If your insurance ends because you fail to make a required Employee-Paid Insurance premium
contribution, you must provide Evidence Of Insurability to become insured again.
4. If your insurance ends because you are on a federal or state-mandated family or medical Leave Of
Absence, and you become a Member again immediately following the period allowed, your insurance
will be reinstated pursuant to the federal or state-mandated family or medical leave act or law.
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5. The Preexisting Conditions Exclusion will be applied as if insurance had remained in effect in the
following instances:
a. If you become insured again within 90 days.
b. If required by federal or state-mandated family or medical leave act or law and you become
insured again immediately following the period allowed under the family or medical leave act or
law.
6. If you elected to discontinue being insured under Employee-Paid Insurance and want to become
reinsured for Employee-Paid Insurance, you must provide Evidence of Insurability to become insured
again and the Preexisting Condition will apply as shown in the Disabilities Excluded From
Coverage section.
7. If your insurance ends because you cease to be a Member due to not working the required number
of hours shown in the Coverage Features section, and you regain your eligibility, you may become
reinsured for Employee-Paid Insurance without providing Evidence Of Insurability and your
insurance will become effective the first day of the calendar month in which you regain your eligibility
for Employee-Paid Insurance. However, the Preexisting Condition will apply as shown in the
Disabilities Excluded From Coverage section.
8. If you change Employers and you were not insured for Employee-Paid Insurance, you must provide
Evidence of Insurability to become insured for Employee-Paid Insurance. You must meet the
eligibility requirements as shown in the Coverage Features section to become insured.
9. When a school employee who is called to active duty in the uniformed services under USERRA loses
eligibility for the Employer contribution toward SEBB benefits, the employee regains eligibility for
the Employer contribution the day they return from active duty. Employer-Paid benefits will begin
the first day of the month in which they return from active duty.
10. In no event will insurance be retroactive, except as shown in the When Your Insurance Becomes
Effective section.
LT.RE.OT.2
DEFINITION OF DISABILITY
You are Disabled if you meet one of the following definitions:
A. Own Occupation Definition Of Disability
During the Benefit Waiting Period and the first 24 months for which LTD Benefits are paid (Own
Occupation Period), you are required to be Disabled only from your Own Occupation.
You are Disabled from your Own Occupation if, as a result of Sickness, Injury or Pregnancy, you are
unable to perform with reasonable continuity the Material Duties of your Own Occupation.
B. Any Occupation Definition Of Disability
From the end of the Own Occupation Period to the end of the Maximum Benefit Period (Any
Occupation Period), you are required to be Disabled from all occupations.
You are Disabled from all occupations if, as a result of Sickness, Injury or Pregnancy, you are unable
to perform with reasonable continuity the Material Duties of any gainful occupation for which you
are reasonably able through education, training, and experience.
C. Partial Disability Definition
1. During the Benefit Waiting Period and the Own Occupation Period, you are Partially Disabled if
you are working in your Own Occupation but, as a result of Sickness, Injury or Pregnancy, you
are unable to earn more than the Own Occupation Income Level (80% of Indexed Predisability
Earnings).
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2. During the Any Occupation Period, you are Partially Disabled if you are working in an occupation
but, as a result of Sickness, Injury or Pregnancy, you are unable to earn more than the Any
Occupation Income Level (60% of Indexed Predisability Earnings) in that occupation and in all
other occupations for which you are reasonably suited under the Any Occupation Definition of
Disability.
You may work in another occupation while you meet the Own Occupation Definition of Disability. If you
are Disabled from your Own Occupation, there is no limit on your Work Earnings in another occupation.
Your Work Earnings may be Deductible Income. See Return To Work Incentive and Deductible
Income.
Own Occupation means any employment, business, trade, profession, calling or vocation that involves
Material Duties of the same general character as your regular and ordinary employment with your
Employer. Your Own Occupation is not limited to your job with your Employer.
Material Duties means the essential tasks, functions and operations, and the skills, abilities, knowledge,
training and experience, generally required by employers from those engaged in a particular occupation.
LT.DD.01X
RETURN TO WORK PROVISIONS
A. Return To Work Responsibility
During the Own Occupation Period no LTD Benefits will be paid for any period when you are able to
work in your Own Occupation and able to earn at least 20% of your Indexed Predisability Earnings,
but you elect not to work.
During the Any Occupation Period no LTD Benefits will be paid for any period when you are able to
work in Any Occupation and able to earn at least 20% of your Indexed Predisability Earnings, but
you elect not to work.
B. Return To Work Incentive
You may serve your Benefit Waiting Period while working if you meet the Own Occupation Definition
Of Disability or the Partial Disability Definition.
You are eligible for the Return To Work Incentive on the first day you work after the Benefit Waiting
Period if LTD Benefits are payable on that date. The Return To Work Incentive changes 12 months
after that date, as follows:
1. During the first 12 months, your Work Earnings will be Deductible Income as determined in a.,
b. and c:
a. Determine the amount of your LTD Benefit as if there were no Deductible Income, and add
your Work Earnings to that amount.
b. Determine 100% of your Indexed Predisability Earnings.
c. If a. is greater than b., the difference will be Deductible Income.
2. After those first 12 months, 50% of your Work Earnings will be Deductible Income.
C. Work Earnings Definition
Work Earnings means your gross monthly earnings from work you perform while Disabled, plus the
earnings you could receive if you worked as much as you are able to, considering your Disability, in
work that is reasonably available:
a. In your Own Occupation during the Own Occupation Period; and
b. In Any Occupation during the Any Occupation Period.
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Work Earnings includes earnings and any TRI pay from your Employer, any other employer, or
self-employment, and any sick pay, vacation pay, annual or personal leave pay or other salary
continuation earned or accrued while working.
Earnings from work you perform will be included in Work Earnings when you have the right to
receive them. If you are paid in a lump sum or on a basis other than monthly, we will prorate your
Work Earnings over the period of time to which they apply. If no period of time is stated, we will use
a reasonable one.
In determining your Work Earnings we:
1. Will use the financial accounting method you use for income tax purposes, if you use that method
on a consistent basis.
2. Will not be limited to the taxable income you report to the Internal Revenue Service.
3. May ignore expenses under section 179 of the IRC as a deduction from your gross earnings.
4. May ignore depreciation as a deduction from your gross earnings.
5. May adjust the financial information you give us in order to clearly reflect your Work Earnings.
If we determine that your earnings vary substantially from month to month, we may determine your
Work Earnings by averaging your earnings over the most recent three-month period. During the
Own Occupation Period you will no longer be Disabled when your average Work Earnings over the
last three months exceed 80% of your Indexed Predisability Earnings. During the Any Occupation
Period you will no longer be Disabled when your average Work Earnings over the last three months
exceed 60% of your Indexed Predisability Earnings.
REASONABLE ACCOMMODATION EXPENSE BENEFIT
LT.RW.OT.1
If you return to work in any occupation for any employer, not including self-employment, as a result of
a reasonable accommodation made by such employer, we will pay that employer a Reasonable
Accommodation Expense Benefit of up to $25,000, but not to exceed the expenses incurred.
The Reasonable Accommodation Expense Benefit is payable only if the reasonable accommodation is
approved by us in writing prior to its implementation.
REHABILITATION PLAN PROVISION
LT.RA.OT.1
While you are Disabled you may qualify to participate in a Rehabilitation Plan. Rehabilitation Plan
means a written plan, program or course of vocational training or education that is intended to prepare
you to return to work.
To participate in a Rehabilitation Plan you must apply on our forms or in a letter to us. The terms,
conditions and objectives of the plan must be accepted by you and approved by us in advance. We have
the sole discretion to approve your Rehabilitation Plan.
While you are participating in an approved Rehabilitation Plan, your LTD Benefit will be increased by
10% of your Predisability Earnings. Your LTD Benefit may not exceed the Maximum LTD Benefit shown
in the Coverage Features as a result of this increase.
An approved Rehabilitation Plan may include our payment of some or all of the expenses you incur in
connection with the plan, including:
a. Training and education expenses.
b. Family care expenses.
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c. Job-related expenses.
d. Job search expenses.
TEMPORARY RECOVERY
(WITH REHAB INC BFT) LT.RH.OT.1
You may temporarily recover from your Disability and then become Disabled again from the same cause
or causes without having to serve a new Benefit Waiting Period. Temporary Recovery means you cease
to be Disabled for no longer than the applicable Allowable Period. See Definition Of Disability.
A. Allowable Periods
1. During the Benefit Waiting Period: a total of 90 days of recovery.
2. During the Maximum Benefit Period: 180 days for each period of recovery.
B. Effect Of Temporary Recovery
If your Temporary Recovery does not exceed the Allowable Periods, the following will apply.
1. The Predisability Earnings used to determine your LTD Benefit will not change.
2. The period of Temporary Recovery will not count toward your Benefit Waiting Period, your
Maximum Benefit Period or your Own Occupation Period.
3. No LTD Benefits will be payable for the period of Temporary Recovery.
4. No LTD Benefits will be payable after benefits become payable to you under any other disability
insurance plan under which you become insured during your period of Temporary Recovery.
5. Except as stated above, the provisions of the Group Policy will be applied as if there had been no
interruption of your Disability.
(NEW TR PERIOD) LT.TR.OT.1
WHEN LTD BENEFITS END
Your LTD Benefits end automatically on the earliest of:
1. The date you are no longer Disabled.
2. The date your Maximum Benefit Period ends.
3. The date you die.
4. The date benefits become payable under any other LTD plan under which you become insured
through employment during a period of Temporary Recovery.
5. The date you fail to provide proof of continued Disability and entitlement to LTD Benefits.
6. If LTD Benefits are paid to an individual incorrectly enrolled due clerical error, LTD Benefits will end
on the last day of the month in which the clerical error was discovered.
PREDISABILITY EARNINGS
LT.BE.OT.1X
Substitute Employees: Your Predisability Earnings will be based on your averaged monthly earnings
over the 12 month period prior to your last full day of Active Work or over the period of your employment
if less than 12 months.
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All other Members: Your Predisability Earnings will be based on your earnings in effect on your last full
day of Active Work. Any subsequent change in your earnings after that last full day of Active Work will
not affect your Predisability Earnings.
For employees whose work hours are reduced due to a furlough or temporary layoff between
September 1, 2020 and December 31, 2020:
Your Predisability Earnings will be based on your monthly base rate of pay that would
have been in effect on your last full day of Active Work if your work hours had not been
reduced due to a furlough or temporary layoff. Any subsequent change in your base rate
of pay after your last full day of Active Work will not affect your Predisability Earnings.
Employee-Paid LTD Insurance will be continued for a period of 90 days from the effective
date of the furlough or temporary layoff. In order for Employee-Paid Insurance to
continue, the employee must remit premium payments based on the Predisability
Earnings in effect on the last full day of Active Work.
When the employee exhausts the 90-day continuation period, Predisability Earnings will
reduce to actual work earnings.
Predisability Earnings means your base monthly rate of earnings and any additional time, responsibility
and incentive (TRI Pay) from your Employer, including:
1. Contributions you make through a salary reduction agreement with your Employer to:
a. An Internal Revenue Code (IRC) Section 401(k), 403(b), 408(k), 408(p), or 457 deferred
compensation arrangement; or
b. An executive nonqualified deferred compensation arrangement.
2. Amounts contributed to your fringe benefits according to a salary reduction agreement under an
IRC Section 125 plan.
Predisability Earnings does not include:
1. Bonuses.
2. Commissions.
3. Overtime pay.
4. Shift differential pay.
5. Optional stipends.
6. Standby Pay
7. Stock options or stock bonuses.
8. Your Employer's contributions on your behalf to any deferred compensation arrangement or
pension plan.
9. Any other extra compensation.
If you are paid on an annual contract basis, your base monthly rate of earnings is one-twelfth (1/12th)
of your annual contract salary (including position stipends) and any TRI pay.
If you are paid hourly, your base monthly rate of earnings is based on your hourly pay rate multiplied
by the number of hours you are regularly scheduled to work per month, but not more than 173 hours.
If you do not have regular work hours, your monthly rate of earnings is based on the average number
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of hours you worked per month during the preceding 12 calendar months (or during your period of
employment if less than 12 months), but not more than 173 hours.
(BASE_NO STOCK) LT.PD.OT.1X
DEDUCTIBLE INCOME
Subject to Exceptions To Deductible Income, Deductible Income means:
1.
The following amounts you receive from your Employer:
a. If your Employer does not have a PTO Plan, any sick pay, shared leave, annual or personal leave
pay, severance pay, or non-vacation salary continuation, including donated amounts;
b. If your Employer has a PTO Plan, your Fractionated Period Of Paid Time Off.
2.
Your Work Earnings, as described in the Return To Work Provisions.
3.
Any amount you receive or are eligible to receive because of your disability, including amounts for
partial or total disability, whether permanent, temporary, or vocational, under any of the following:
a. A workers' compensation law;
b. The Jones Act;
c. Maritime Doctrine of Maintenance, Wages, or Cure;
d. Longshoremen's and Harbor Worker's Act; or
e. Any similar act or law.
4.
Any amount you receive or are eligible to receive because of your disability or retirement under:
a. The Federal Social Security Act;
b. The Canada Pension Plan;
c. The Quebec Pension Plan;
d. The Railroad Retirement Act; or
e. Any similar plan or act.
Primary offset only: Primary benefits (the benefit awarded to you) are Deductible Income, but
dependents benefits are not.
5.
Any amount you receive or are eligible to receive because of your disability under any state disability
income benefit law or similar law.
6.
Amounts you receive or are eligible to receive because of your disability under the PEBB Policy. See
Rules For Deductible Income.
7.
Amounts you receive or are eligible to receive because of your disability under any other group
disability insurance coverage, as determined below:
a. Determine the amount of your LTD Benefit as if there were no Deductible Income, and add your
group disability insurance benefits to that amount.
b. Determine 60% of the first $16,667 of your total monthly earnings from all employment plus
40% of the remainder of your total monthly earnings from all employment.
c. If a. is greater than b., the difference will be Deductible Income.
7. Any disability or retirement benefits you receive under your Employer’s retirement plan, including a
public employee retirement system, a state teacher retirement system, a school employee retirement
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system, and a plan arranged and maintained by a union or employee association for the benefit of
its members.
You are not required to apply for disability or early retirement benefits under your Employer’s
retirement plan if the receipt of such benefit would reduce the benefit you would be eligible to receive
at normal retirement age. However, disability or early retirement benefits you do receive will be
Deductible Income.
If the receipt of such benefit would not reduce the benefit you would be eligible to receive at normal
retirement age, then disability or early retirement benefits you receive or are eligible to receive will
be Deductible Income
.
8. Any earnings or compensation included in Predisability Earnings which you receive or are eligible to
receive while LTD Benefits are payable.
9. Any amount you receive or are eligible to receive under any unemployment compensation law or
similar act or law.
10. Any amount you receive or are eligible to receive from or on behalf of a third party because of your
disability, whether by judgment, settlement or other method. If you notify us before filing suit or
settling your claim against such third party, the amount used as Deductible Income will be reduced
by a pro rata share of your costs of recovery, including reasonable attorney fees.
11. Any amount you receive by compromise, settlement, or other method as a result of a claim for any
of the above, whether disputed or undisputed.
(SL NO CHOICE_CA DOM_NO OTHR OFFST_PRIV_WITH 3RD) LT.DI.OT.1X
EXCEPTIONS TO DEDUCTIBLE INCOME
Deductible Income does not include:
1. Any cost of living increase in any Deductible Income other than Work Earnings, if the increase
becomes effective while you are Disabled and while you are eligible for the Deductible Income.
2. Reimbursement for hospital, medical, or surgical expense.
3. Reasonable attorneys fees incurred in connection with a claim for Deductible Income.
4. Benefits from any individual disability insurance policy.
5. Early retirement benefits under the Federal Social Security Act which are not actually received.
6. Group credit or mortgage disability insurance benefits.
7. Accelerated death benefits paid under a life insurance policy.
8. Benefits from the following:
a. Profit sharing plan.
b. Thrift or savings plan.
c. Deferred compensation plan.
d. Plan under IRC Section 401(k), 408(k), 408(p), or 457.
e. Individual Retirement Account (IRA).
f. Tax Sheltered Annuity (TSA) under IRC Section 403(b).
g. Stock ownership plan.
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h. Keogh (HR-10) plan.
9. The following amounts under your Employer's retirement plan:
a. A lump sum distribution of your entire interest in the plan.
b. Any amount which is attributable to your contributions to the plan.
c. Any amount you could have received upon termination of employment without being disabled or
retired.
10. Vacation pay from your Employer.
A. Monthly Equivalents
RULES FOR DEDUCTIBLE INCOME
(PRIV_NO OTHR OFFST) LT.ED.OT.1
Each month we will determine your LTD Benefit using the Deductible Income for the same monthly
period, even if you actually receive the Deductible Income in another month.
If you are paid Deductible Income in a lump sum or by a method other than monthly, we will
determine your LTD Benefit using a prorated amount. We will use the period of time to which the
Deductible Income applies. If no period of time is stated, we will use a reasonable one.
B. Your Duty To Pursue Deductible Income
You must pursue Deductible Income for which you may be eligible. We may ask for written
documentation of your pursuit of Deductible Income. You must provide it within 60 days after we
mail you our request. Otherwise, we may reduce your LTD Benefits by the amount we estimate you
would be eligible to receive upon proper pursuit of the Deductible Income.
C. Pending Deductible Income
We will not deduct pending Deductible Income until it becomes payable. You must notify us of the
amount of the Deductible Income when it is approved. You must repay us for the resulting
overpayment of your claim.
D. Overpayment Of Claim
We will notify you of the amount of any overpayment of your claim under any group disability
insurance policy issued by us. You must immediately repay us. You will not receive any LTD
Benefits until we have been repaid in full. In the meantime, any LTD Benefits paid, including the
Minimum LTD Benefit, will be applied to reduce the amount of the overpayment. We may charge
you interest at the legal rate for any overpayment which is not repaid within 30 days after we first
mail you notice of the amount of the overpayment.
E. Deductible Income Under PEBB Policy
Deductible Income will be deducted from the PEBB Policy first if benefits are payable under both the
Group Policy and the PEBB Policy.
Amounts that qualify as Deductible Income under both the PEBB Policy and the Group Policy will
be deductible under the Group Policy as follows:
a. Determine the amount of your deductible income under the PEBB Policy.
b. Determine the amount of your long term disability benefit under the PEBB Policy.
c. If a. is greater than b., the difference will be Deductible Income under the Group Policy.
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SUBROGATION
LT.RU.OT.1
If LTD Benefits are paid or payable to you under the Group Policy as the result of any act or omission of
a third party, we will be subrogated to all rights of recovery you may have in respect to such act or
omission. You must execute and deliver to us such instruments and papers as may be required and do
whatever else is needed to secure such rights. You must avoid doing anything that would prejudice our
rights of subrogation.
If you notify us before filing suit or settling your claim against such third party, the amount to which we
are subrogated will be reduced by a pro rata share of your costs of recovery, including
reasonable attorney fees. If suit or action is filed, we may record a notice of payments of LTD Benefits,
and such notice shall constitute a lien on any judgment recovered.
If you or your legal representative fail to bring suit or action promptly against such third party, we may
institute such suit or action in our name or in your name. We are entitled to retain from any judgment
recovered the amount of LTD Benefits paid or to be paid to you or on your behalf, together with our
costs of recovery, including attorney fees. The remainder of such recovery, if any, shall be paid to you
or as the court may direct. We will apply our subrogation rights under this provision in accordance with
applicable law. The insured must be made financially whole before we can collect our subrogation
interest.
SURVIVORS BENEFIT
LT.SG.OT.1X
If you die while LTD Benefits are payable, and on the date you die you have been continuously Disabled
for at least 180 days, we will pay a Survivors Benefit according to 1 through 4 below.
1. The Survivors Benefit is a lump sum equal to 3 times your LTD Benefit without reduction by
Deductible Income.
2. The Survivors Benefit will first be applied to reduce any overpayment of your claim.
3. The Survivors Benefit will be paid at our option to any one or more of the following:
a. Your surviving Spouse;
b. Your surviving children, including adopted children, under age 26;
c. Your surviving Spouse's children, including adopted children, under age 26; or
d. Your Disabled child; or
e. Any person providing the care and support of any person listed in a., b., c., or d. above.
Your child is Disabled if your child is:
1. Continuously incapable of self-sustaining employment because of mental retardation or
physical handicap; and
2. Chiefly dependent upon you for support and maintenance, or institutionalized because of
mental retardation or physical handicap.
4. No Survivors Benefit will be paid if you are not survived by any person listed in a., b., c., or d. above.
(MULTPL_DOM) LT.SB.OT.1X
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BENEFITS AFTER INSURANCE ENDS OR IS CHANGED
During each period of continuous Disability, we will pay LTD Benefits according to the terms of the
Group Policy in effect on the date you become Disabled. Your right to receive LTD Benefits will not be
affected by:
1. Any amendment to the Group Policy that is effective after you become Disabled.
2. Termination of the Group Policy after you become Disabled.
EFFECT OF NEW DISABILITY
LT.BA.OT.1
If a period of Disability is extended by a new cause while LTD Benefits are payable, LTD Benefits will
continue while you remain Disabled. However, 1 and 2 apply.
1. LTD Benefits will not continue beyond the end of the original Maximum Benefit Period.
2. The Disabilities Excluded From Coverage, Disabilities Subject To Limited Pay Periods, and
Limitations sections will apply to the new cause of Disability.
A. War
DISABILITIES EXCLUDED FROM COVERAGE
LT.ND.OT.1
You are not covered for a Disability caused or contributed to by War or any act of War. War means
declared or undeclared war, whether civil or international, and any substantial armed conflict
between organized forces of a military nature.
B. Intentionally Self-Inflicted Injury
You are not covered for a Disability caused or contributed to by an intentionally self-inflicted Injury,
while sane or insane.
C. Preexisting Condition For Employer-Paid Insurance
1. Definition
Preexisting Condition means a mental or physical condition whether or not diagnosed or
misdiagnosed:
a. For which you have done or for which a reasonably prudent person would have done any of
the following:
i. Consulted a physician or other licensed medical professional;
ii. Received medical treatment, services or advice;
iii. Undergone diagnostic procedures, including self-administered procedures;
iv. Taken prescribed drugs or medications;
b. Which, as a result of any medical examination, including routine examination, was
discovered or suspected;
at any time during the 90-day period just before your insurance becomes effective under the
Group Policy.
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2. Exclusion
You are not covered for a Disability caused or contributed to by a Preexisting Condition or
medical or surgical treatment of a Preexisting Condition unless, on the date you become
Disabled, you:
a. Have been continuously insured under the Group Policy for 12 months; and
b. Have been Actively At Work for at least one full day after the end of that 12 months.
D. Preexisting Condition For Employee-Paid Insurance
A separate Preexisting Condition exclusion applies to the Default and Buy-Down plans of Employee-
Paid Insurance. However, if you increase your Plan selection from the Employer-Paid to the Buy-
Down Plan, or the Buy Down Plan to the Default Plan, and LTD benefits are not payable under the
new plan because of the Preexisting Condition exclusion, your claim will be administered as if you
had not changed Plans.
1. Definition
Preexisting Condition means a mental or physical condition whether or not diagnosed or
misdiagnosed:
a. For which you have done or for which a reasonably prudent person would have done any of
the following:
i. Consulted a physician or other licensed medical professional;
ii. Received medical treatment, services or advice;
iii. Undergone diagnostic procedures, including self-administered procedures;
iv. Taken prescribed drugs or medications;
b. Which, as a result of any medical examination, including routine examination, was
discovered or suspected;
with respect to the Buy-Down Plan, at any time during the 90-day period just before your
insurance becomes effective under the Buy-Down Plan;
with respect to the Default Plan, at any time during the 90-day period just before your insurance
under the Default Plan becomes effective.
2. Exclusion
With respect to insurance under the Buy-Down Plan: You are not covered for a Disability caused
or contributed to by a Preexisting Condition or medical or surgical treatment of a Preexisting
Condition unless, on the date you become Disabled, you:
a. Have been continuously insured under the Buy-Down Plan for 12 months; and
b. Have been Actively At Work for at least one full day after the end of that 12 months.
With respect to insurance under the Default Plan: You are not covered for a Disability caused or
contributed to by a Preexisting Condition or medical or surgical treatment of a Preexisting
Condition unless, on the date you become Disabled, you:
a. Have been continuously insured under the Default Plan for 12 months; and
b. Have been Actively At Work for at least one full day after the end of that 12 months.
D. Loss Of License Or Certification
You are not covered for a Disability caused or contributed to by the loss of your professional license,
occupational license or certification.
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E.
Violent Or Criminal Conduct
You are not covered for a Disability caused or contributed to by your committing or attempting to
commit an assault or felony, or actively participating in a violent disorder or riot. Actively
participating does not include being at the scene of a violent disorder or riot while performing your
official duties.
(WITH PRUDNT)
LT.XD.OT.1
DISABILITIES SUBJECT TO LIMITED PAY PERIODS
A. Mental Disorders
Payment of LTD Benefits is limited to 24 months for each period of continuous Disability caused or
contributed to by Mental Disorders, or medical or surgical treatment of Mental Disorders. However,
if you are confined in a Hospital solely because of a Mental Disorder at the end of the 24 months,
this limitation will not apply while you are continuously confined.
Mental Disorder means any mental, emotional, behavioral, psychological, personality, cognitive,
mood or stress-related abnormality, disorder, disturbance, dysfunction or syndrome, regardless of
cause (including any biological or biochemical disorder or imbalance of the brain) or the presence of
physical symptoms. Mental Disorder includes, but is not limited to, bipolar affective disorder,
organic brain syndrome, schizophrenia, psychotic illness, manic depressive illness, depression and
depressive disorders, anxiety and anxiety disorders.
Hospital means a legally operated hospital providing full-time medical care and treatment under the
direction of a full-time staff of licensed physicians. Rest homes, nursing homes, convalescent homes,
homes for the aged, and facilities primarily affording custodial, educational, or rehabilitative care
are not Hospitals.
B. Rules For Disabilities Subject To Limited Pay Periods
1. If you are Disabled as a result of a Mental Disorder or any Physical Disease or Injury for which
payment of LTD Benefits is subject to a limited pay period, and at the same time are Disabled as
a result of a Physical Disease, Injury, or Pregnancy that is not subject to such limitation, LTD
Benefits will be payable first for conditions that are subject to the limitation.
2. No LTD Benefits will be payable after the end of the limited pay period, unless on that date you
continue to be Disabled as a result of a Physical Disease, Injury, or Pregnancy for which payment
of LTD Benefits is not limited.
A. Care Of A Physician
LIMITATIONS
LT2.LP.16X
You must be under the ongoing care of a Physician in the appropriate specialty as determined by us
during the Benefit Waiting Period. No LTD Benefits will be paid for any period of Disability when
you are not under the ongoing care of a Physician in the appropriate specialty as determined by us.
B. Return To Work Responsibility
During the Own Occupation Period no LTD Benefits will be paid for any period of Disability when
you are able to work in your Own Occupation and able to earn at least 20% of your Indexed
Predisability Earnings, but you elect not to work.
During the Any Occupation Period, no LTD Benefits will be paid for any period of Disability when
you are able to work in Any Occupation and able to earn at least 20% of your Indexed Predisability
Earnings, but elect not to work.
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C. Rehabilitation Program
No LTD Benefits will be paid for any period of Disability when you are not participating in good faith
in a plan, program or course of medical treatment or vocational training or education approved by
us unless your Disability prevents you from participating.
D. Foreign Residency
Payment of LTD Benefits is limited to 12 months for each period of continuous Disability while you
reside outside of the United States or Canada.
E. Imprisonment
No LTD Benefits will be paid for any period of Disability when you are confined for any reason in a
penal or correctional institution.
A. Filing A Claim
CLAIMS
LT.LM.OT.1
Claims should be filed on our forms. If we do not provide our forms within 15 days after they are
requested, you may submit your claim in a letter to us. The letter should include the date disability
began, and the cause and nature of the disability.
B. Time Limits On Filing Proof Of Loss
You must give us Proof Of Loss within 90 days after the end of the Benefit Waiting Period. If you
cannot do so, you must give it to us as soon as reasonably possible, but not later than one year after
that 90-day period. If Proof Of Loss is filed outside these time limits, your claim will be denied.
These limits will not apply while you lack legal capacity.
C. Proof Of Loss
Proof Of Loss means written proof that you are Disabled and entitled to LTD Benefits. Proof Of Loss
must be provided at your expense.
For claims of Disability due to conditions other than Mental Disorders, we may require proof of
physical impairment that results from anatomical or physiological abnormalities which are
demonstrable by medically acceptable clinical and laboratory diagnostic techniques.
D. Documentation
Completed claims statements, a signed authorization for us to obtain information, and any other
items we may reasonably require in support of a claim must be submitted at your expense. If the
required documentation is not provided within 45 days after we mail our request, your claim may
be denied.
E. Investigation Of Claim
We may investigate your claim at any time.
At our expense, we may have you examined at reasonable intervals by specialists of our choice. We
may deny or suspend LTD Benefits if you fail to attend an examination or cooperate with the
examiner.
F. Time Of Payment
We will pay LTD Benefits within 60 days after you satisfy Proof Of Loss.
LTD Benefits will be paid to you at the end of each month you qualify for them. LTD Benefits
remaining unpaid at your death will be paid to the person(s) receiving the Survivors Benefit. If no
Survivors Benefit is paid, the unpaid LTD Benefits will be paid to your estate.
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G. Notice Of Decision On Claim
We will evaluate your claim promptly after you file it. Within 45 days after we receive your claim we
will send you: (a) a written decision on your claim; or (b) a notice that we are extending the period
to decide your claim for 30 days. Before the end of this extension period we will send you: (a) a
written decision on your claim; or (b) a notice that we are extending the period to decide your claim
for an additional 30 days. If an extension is due to your failure to provide information necessary to
decide the claim, the extended time period for deciding your claim will not begin until you provide
the information or otherwise respond.
If we extend the period to decide your claim, we will notify you of the following: (a) the reasons for
the extension; (b) when we expect to decide your claim; (c) an explanation of the standards on which
entitlement to benefits is based; (d) the unresolved issues preventing a decision; and (e) any
additional information we need to resolve those issues.
If we request additional information, you will have 45 days to provide the information. If you do not
provide the requested information within 45 days, we may decide your claim based on the
information we have received.
If we deny any part of your claim, you will receive a written notice of denial containing:
a. The reasons for our decision.
b. Reference to the parts of the Group Policy on which our decision is based.
c. A description of any additional information needed to support your claim.
d. Information concerning your right to a review of our decision.
H. Review Procedure
If all or part of a claim is denied, you may request a review. You must request a review in writing
within 180 days after receiving notice of the denial.
You may send us written comments or other items to support your claim. You may review and
receive copies of any non-privileged information that is relevant to your request for review. There
will be no charge for such copies. You may request the names of medical or vocational experts who
provided advice to us about your claim.
The person conducting the review will be someone other than the person who denied the claim and
will not be subordinate to that person. The person conducting the review will not give deference to
the initial denial decision. If the denial was based on a medical judgment, the person conducting the
review will consult with a qualified health care professional. This health care professional will be
someone other than the person who made the original medical judgment and will not be subordinate
to that person. Our review will include any written comments or other items you submit to support
your claim.
We will review your claim promptly after we receive your request. Within 45 days after we receive
your request for review we will send you: (a) a written decision on review; or (b) a notice that we are
extending the review period for 45 days. If the extension is due to your failure to provide information
necessary to decide the claim on review, the extended time period for review of your claim will not
begin until you provide the information or otherwise respond.
If we extend the review period, we will notify you of the following: (a) the reasons for the extension;
(b) when we expect to decide your claim on review; and (c) any additional information we need to
decide your claim.
If we request additional information, you will have 45 days to provide the information. If you do not
provide the requested information within 45 days, we may conclude our review of your claim based
on the information we have received.
If we deny any part of your claim on review, you will receive a written notice of denial containing:
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a. The reasons for our decision.
b. Reference to the parts of the Group Policy on which our decision is based.
c. Information concerning your right to receive, free of charge, copies of non-privileged documents
and records relevant to your claim.
I. Assignment
The rights and benefits under the Group Policy are not assignable.
TIME LIMITS ON LEGAL ACTIONS
LT.CL.OT.2
No action at law or in equity may be brought until 60 days after you have given us Proof Of Loss. No
such action may be brought more than three years after the earlier of:
1. The date we receive Proof Of Loss; and
2. The time within which Proof Of Loss is required to be given.
LT.TL.OT.1
INCONTESTABILITY PROVISIONS
A. Incontestability Of Insurance
Any statement made to obtain insurance or to increase insurance is a representation and not a
warranty.
No misrepresentation will be used to reduce or deny a claim or contest the validity of insurance
unless:
1. The insurance would not have been approved if we had known the truth; and
2. We have given you or any other person claiming benefits a copy of the signed written
instrument which contains the misrepresentation.
After insurance has been in effect for two years during the lifetime of the insured, we will not use a
misrepresentation to reduce or deny the claim, unless it was a fraudulent misrepresentation.
B. Incontestability Of The Group Policy
Any statement made by the Policyholder or Employer to obtain the Group Policy is a representation
and not a warranty.
No misrepresentation by the Policyholder or your Employer will be used to deny a claim or to deny
the validity of the Group Policy unless:
1. The Group Policy would not have been issued if we had known the truth; and
2. We have given the Policyholder or Employer a copy of a written instrument signed by the
Policyholder or Employer which contains the misrepresentation.
The validity of the Group Policy will not be contested after it has been in force for two years, except
for nonpayment of premiums or fraudulent misrepresentations.
A. Clerical Error
CLERICAL ERROR, AGENCY, AND MISSTATEMENT
LT.IN.OT.1
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Clerical error by the Policyholder, your Employer, or their respective employees or representatives
will not:
1. Cause a person to become insured.
2. Invalidate insurance under the Group Policy otherwise validly in force.
3. Continue insurance under the Group Policy otherwise validly terminated.
Notwithstanding the foregoing, if LTD Benefits are paid to an individual who did not meet the
eligibility requirements, but was enrolled for coverage due to clerical error, premiums will be
refunded by the Employer and LTD Benefits will continue to be paid until the last day of the month
in which the error was discovered. If the individual’s ineligibility for coverage is determined prior to
the payment of any LTD Benefits, premiums will be refunded by the Employer and coverage
terminated prospective to the last day of the month in which the error was discovered.
If there is an enrollment error in your insurance your Employer-Paid Insurance will be retroactive
to the first day of the calendar month following the day you became newly eligible, or the first day of
the month you regained eligibility. Employee-Paid Insurance enrollment is retroactive to the first day
of the calendar month following the day you became newly eligible if you elect to enroll in this
coverage (or if previously elected, the first of the month following the signature date on your
application for Employee-Paid Insurance), unless you are subject to the Evidence of Insurability
requirements. Enrollment error corrections are determined by the Washington State Health Care
Authority and are subject to and defined by applicable law or rules.
B. Agency
The Policyholder and your Employer act on their own behalf as your agent, and not as our agent.
The Policyholder and your Employer have no authority to alter, expand or extend our liability or to
waive, modify or compromise any defense or right we may have under the Group Policy.
C. Misstatement Of Age
If a person's age has been misstated, we will make an equitable adjustment of premiums, benefits,
or both. The adjustment will be based on:
1. The amount of insurance based on the correct age; and
2. The difference between the premiums paid and the premiums which would have been paid if the
age had been correctly stated.
TERMINATION OR AMENDMENT OF THE GROUP POLICY
LT.CE.OT.1X
The Group Policy may be terminated by us or the Policyholder according to its terms. It will terminate
automatically for nonpayment of premium. The Policyholder may terminate the Group Policy in whole,
and may terminate insurance for any class or group of Members, at any time by giving us written notice.
Benefits under the Group Policy are limited to its terms, including any valid amendment. No change or
amendment will be valid unless it is approved in writing by one of our executive officers and given to the
Policyholder for attachment to the Group Policy. If the terms or conditions of coverage are changed by
an amendment or endorsement to the Group Policy, we will provide the Policyholder with a revised
Certificate, or Certificate amendment or endorsement, to be given to you. If the terms of the certificate
differ from the Group Policy, the terms stated in the certificate will govern. The Policyholder, your
Employer, and their respective employees or representatives have no right or authority to change or
amend the Group Policy or to waive any of its terms or provisions without our signed written approval.
We may change the Group Policy in whole or in part when any change or clarification in law or
governmental regulation affects our obligations under the Group Policy, or with the Policyholder's
consent.
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Any such change or amendment of the Group Policy may apply to current or future Members or to any
separate classes or groups of Members.
LT.TA.OT.1X
DEFINITIONS
Active Work, please see the Actively At Work section for a full definition
Benefit Waiting Period means the period you must be continuously Disabled before LTD Benefits become
payable. No LTD Benefits are payable for the Benefit Waiting Period. See Coverage Features.
Contributory means insurance is elective and Members pay all or part of the premium for insurance.
CPI-W means the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the
United States Department of Labor. If the CPI-W is discontinued or changed, we may use a comparable
index. Where required, we will obtain prior state approval of the new index.
Eligibility Waiting Period is defined in the Schedule Of Insurance portion of the Coverage Features.
Employee-Paid Insurance means Contributory insurance.
Employer means a Washington State School District or Educational Service District (ESD), or a charter
school established under Revised Code of Washington Chapter 28A.710 that is required to participate
in benefit plans provided by the School Employees' Benefits Board (SEBB).
Employer-Paid Insurance means Noncontributory insurance.
Evidence Of Insurability is defined in When Your Insurance Becomes Effective.
First Day Of School means the first day of an academic year as determined by your Employer.
First Working Day means the date you begin or return to Active Work at the beginning of a new School
Year.
Group Policy means the group LTD insurance policy issued by us to the Policyholder and identified by
the Group Policy Number.
Indexed Predisability Earnings means your Predisability Earnings adjusted by the rate of increase in the
CPI-W. During your first year of Disability, your Indexed Predisability Earnings are the same as your
Predisability Earnings. Thereafter, your Indexed Predisability Earnings are determined on each
anniversary of your Disability by increasing the previous year's Indexed Predisability Earnings by the
rate of increase in the CPI-W for the prior calendar year. The maximum adjustment in any year is 10%.
Your Indexed Predisability Earnings will not decrease, even if the CPI-W decreases.
Injury means an injury to the body.
LTD Benefit means the monthly benefit payable to you under the terms of the Group Policy.
Maximum Benefit Period means the longest period for which LTD Benefits are payable for any one period
of continuous Disability, whether from one or more causes. It begins at the end of the Benefit Waiting
Period. No LTD Benefits are payable after the end of the Maximum Benefit Period, even if you are still
Disabled. See Coverage Features.
Noncontributory means (a) insurance is nonelective and the Policyholder or Employer pay the entire
premium for insurance; or (b) the Policyholder or Employer require all eligible Members to have
insurance and to pay all or part of the premium for insurance.
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PEBB Policy means our group long term disability insurance policy covering employees eligible for Public
Employee Benefits Board (PEBB) benefits and issued to Washington State Health Care Authority as
policyholder.
Physical Disease means a physical disease entity or process that produces structural or functional
changes in the body as diagnosed by a Physician.
Physician means a licensed M.D. or D.O., acting within the scope of the license. Physician does not
include you or your Spouse, or the brother, sister, parent, or child of either you or your Spouse.
Pregnancy means your pregnancy, childbirth, or related medical conditions, including complications of
pregnancy.
Prior Plan means:
1. Your Employer's group long term disability insurance plan in effect on the day before the effective
date of your Employer's participation under the Group Policy and which is replaced by coverage
under the Group Policy;
2. The PEBB Policy.
School Year means September 1
st
through August 31
st
of each year.
Spouse means:
1. A person to whom you are legally married; or
2. Your Domestic Partner. Your Domestic Partner means an individual who is your state registered
domestic partner.
WA/LTDC2000X
(DOM STAT) LT.DF.WA.1X